Sasi and Vilasini vs State of Kerala and Rincy Sasi

M. Sasidharan Nambiar, J.—Petitioners are the accused and second Respondent the de facto complainant in C.C.930/2009 on the file of Judicial First Class Magistrate Court, Kolenchery taken cognizance for the offence u/s 498A on Annexure A1 F.I.R. Petition is filed u/s 482 of Code of Criminal Procedure to quash the proceedings contending that entire matrimonial disputes were amicably settled and therefore it is not in the interest of justice to continue the prosecution.

Second Respondent appeared through a counsel and filed a joint statement along with the Petitioners stating that entire matrimonial disputes were settled amicably and second Respondent is now living with the Petitioners and leading a healthy married life and therefore the proceedings is to be quashed.

Learned Counsel appearing for the Petitioners, second Respondent and learned Public Prosecutor were heard.

First Petitioner and second Respondent are husband and wife. The joint statement filed by Petitioners with the second Respondent establish that entire matrimonial disputes were settled amicably and second Respondent is now living along with the first Petitioner, her husband and second Petitioner the mother-in-law. As held by the Apex Court in B.S. Joshi and Others Vs. State of Haryana and Another, when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution.

Petition is allowed. C.C.930/2009 on the file of Judicial First Class Magistrate Court, Kolenchery is quashed.